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Employment Law

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The US Supreme Court has clearly stated the laws on workplace harassment/hostile work environment were intended to protect employees from conduct towards them based only on the age/race sex/disability national origin of the employee and the laws were never intended to create a code of civility in the workplace. See: Oncale v. Sundowner Offshore Services, 523 U.S. 75 (1998).

So if this is just ordinary bullying in the workplace, there are no laws preventing that and it becomes something that is solely up to the employer to deal with internally through their own rules and policies. It is not something legally actionable though I am afraid.

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Customer reply replied 6 months ago

What can I do if the bullying doesn't stop and our HR team doesn't address it? Then is there a legal action I can take?

Unfortunately, no, this is solely at the discretion of the employer as to how they handle the matter. The workplace laws do not provide for suing for ordinary uncivil workplace (regular bullying) I am afraid.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).